Pollution

May 08, 2009

NTSB Releases Cosco Busan Report - Coast Guard VTS Criticized

The National Transportation Safety Board has released its report on the Cosco Busan incident (quick and dirty summary in the San Francisco Chronicle's article here).


Cosco.jpg

From the Executive Summary:

The National Transportation Safety Board determines that the probable cause of the
allision of the Cosco Busan with the San Francisco–Oakland Bay Bridge was the failure to safely
navigate the vessel in restricted visibility as a result of (1) the pilot’s degraded cognitive
performance from his use of impairing prescription medications, (2) the absence of a
comprehensive pre-departure master/pilot exchange and a lack of effective communication
between the pilot and the master during the accident voyage, and (3) the master’s ineffective
oversight of the pilot’s performance and the vessel’s progress. Contributing to the accident was the failure of Fleet Management Ltd. to adequately train the Cosco Busan crewmembers before their initial voyage on the vessel, which included a failure to ensure that the crew understood and complied with the company’s safety management system. Also contributing to the accident was the U.S. Coast Guard’s failure to provide adequate medical oversight of the pilot in view of the medical and medication information that the pilot had reported to the Coast Guard.

The following safety issues were identified during this accident investigation:
• Medical oversight of the Cosco Busan pilot;
• Medical oversight of mariners in general;
• Guidance for vessel traffic service operators in exercising authority to manage traffic;
• Procedures for improving the assessment of oil spills in California waters; and
• Training and oversight of the Cosco Busan crew.

Board member Deborah A.P. Hersman issued her own statement in dissent, identifying her criticism of the Coast Guard's Vessel Traffic Service (VTS):

The taxpayers support 35 employees at VTS San Francisco to provide this protection and enforce discipline in an industry of safe professionals who may be imprudently influenced by economic pressures and who may occasionally make mistakes. VTS San Francisco’s stated purpose is to facilitate the safe and efficient transit of vessel traffic in an effort to prevent collisions, rammings, groundings, and the associated loss of life and damage to property and the environment. By not naming VTS as a contributing factor in the probable cause, the Board turned a blind eye to the public’s strongest safety advocate in the San Francisco Bay.

April 14, 2008

Ballast Water Treatment Plans - Draft EAs

I earlier posted the Draft Environmental Assessment for the Hawaii-based vessel, M/V Moku Pahu.  The U.S. Coast Guard released other Ballast Water Treatment Draft Environmental Assessments relating to vessels in the Atlantic Ocean.

For anyone interested in comparing the EA's, they are posted below:

M/V Atlantic Compass

M/V Coral Princess

Hawaii Ballast Water Treatment Project

The U.S. Coast Guard announced  the availability of a Draft Environmental Assessment for the Shipboard Technology Evaluation Program on the M/V Moku Pahu.  Matson is undertaking a ballast water treatment project using Ecochlor technology.  The U.S. Coast Guard is seeking comment on the Draft Environmental Assessment

The comment deadline is June 3, 2008.

March 25, 2008

Update: Hawaii's Proposed Fuel Law for Nawiliwili

Apparently, the bill to restrict fuel types in use at Nawiliwili Harbor is dead for this session.  Earlier, I posted on problems with the bill.

One alternative to consider is the "carrot" approach.  The Port of Long Beach, which lost its "stick" approach earlier this month, is proposing incentives to encourage the use of more environmentally friendly fuels. 

March 20, 2008

Ocean Law News - Cosco Busan Pilot Charged

The U.S. Attorney's Office in San Francisco has charged the pilot of the Cosco Busan with misdemeanor violations of the Clean Water Act.  The incident was discussed here

February 25, 2008

More on Ko Olina - "Minimal" Impact

More on the apparent diesel oil spill at Ko Olina - The Coast Guard says there was only minimal impact.  I posted about the spill earlier here.

February 23, 2008

Oil Spill Reported - Ko Olina

The Advertiser reports an oil spill in the waters surrounding the Ko Olina resort on Oahu.  The Coast Guard's news release is here.

The Coast Guard's photos show what diesel looks like on the ocean.

Spill2_192976

Spill1_192975_2

February 15, 2008

Exxon Valdez Puni's - Longer Argument Allowed

Looks like the Supreme Court is interested in a FULL argument in the Exxon Valdez punitive damages case.  It allowed for 45 minutes of argument per side, instead of the customary 30 minutes.  My post on this case is here.

January 28, 2008

Cosco Busan Preliminary Investigation Released

The Coast Guard released its preliminary investigation into the response to the Cosco Busan oil spill today, as promised in my earlier post, here.

It is a lengthy report prepared by a committee of various federal, state and non-governmental organization representatives.  Interesting to note that the committee found that owing to the reduction of oil spills nationwide, there are fewer numbers of experienced large spill responders.

January 16, 2008

Cosco Busan Preliminary Investigation Finished

Coastguardnews.com reports here that the Incident Specific Preparedness Review initial report on the Cosco Busan incident has been sent to Coast Guard Headquarters with public release expected in two weeks.

This review "While not an investigation, the ISPR process is an administrative assessment rooted in Coast Guard marine safety directives. It provides a method for outside entities to join the Coast Guard to review the response of the Unified Command to a particular incident. The ISPR focused on two primary areas: preparedness and response. An ISPR report identifies lessons learned and makes recommendations."

This is one of many reviews of the Cosco Busan incident, previous posts are here, here, and here.

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    this blog is provided as a resource to anyone interested in legal issues relating to the ocean or the maritime use of it, in and around Hawaii, Oceania and beyond. it will start at the shoreline and head out to sea from there.
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    This blog is for informational purposes only. By reading it, you and I do not form an attorney-client relationship. If you want legal advice, retain an attorney licensed in your jurisdiction. This blog is not sponsored by my firm, nor is it approved by my firm or my clients. The opinions expressed here are my own. © All rights reserved. 2007.

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